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(영문) 서울남부지방법원 2012.12.11 2011고정4008
사기
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates an interested center in the trade name of Yeongdeungpo-gu Seoul Metropolitan Government, and the victim D has kept five tons of cargo off to F (one person G) who operates Mapo-gu Seoul Metropolitan Government E on April 28, 2007.

On November 1, 2007 to December 12, 2007, the Defendant found the victim’s house of the Yangcheon-gu Seoul Htel 303th Hatel 303, and told the victim “I return the article to the victim if he takes over the article from F, so I would have taken over the article from F.”

However, even if the defendant received storage fees from the victim, he did not have the intent to deliver it properly to the I et al. who is in custody of the victim's moving-out, and because the victim's moving-out is not properly kept, and therefore substantial part of the removal has been damaged or lost, even if he received storage fees from the victim, he did not have the intention or ability to return it to

Nevertheless, the defendant's custody fees from the victim in the name of the custody fees, 900,000 won around January 25, 2008, and the same year.

4. around 26.26.1,000,000 won, and the same year.

5. 700,000 won around October 17, 190; 700,000 won around October 17, 199; and 500,000 won around December 17, 199; and 500,000 won around June 15, 2009; and

7.15. Minority: 400,000 won, and the same year.

8. Around 14. 300,000 won, around 30 December 30, 200, around 300,000 won, and around 300,000 won around February 12, 2010, total of 5,80,000 won, were transferred to the national bank account under the name of the Defendant (J) and the national bank account (L) account of K by identifying the Defendant.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Statement made by witnesses D in the third protocol of the trial;

1. Partial statement of witness F in the third protocol of the trial;

1. Partial statement of witness I in the fifth trial record;

1. The suspect interrogation protocol of some police officers against the defendant;

1. Statement made to D by the police;

1. A complaint;

1. An investigation report (to attach undisclosed data at the end of the protocol);

1. The application of Acts and subordinate statutes of the Investigation Report (Attachment of Photographs).

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